To prosecute a public servant, prior sanction from the Central or Stat

To prosecute a public servant, prior sanction from the Central or State Government is necessary. The provision for previous sanction necessary for prosecution of public servant for offences punishable under Sections 7, 11, 13 and 15 of the Prevention of Corruption Act is mentioned under which one of the following Sections of the Prevention of Corruption Act, 1988 ?

Section 19
Section 18A
Section 20
Section 22
This question was previously asked in
UPSC CISF-AC-EXE – 2022
The correct answer is Section 19.
– Section 19 of the Prevention of Corruption Act, 1988 specifically deals with the necessity of obtaining prior sanction from the Central Government or the State Government, as the case may be, before prosecuting a public servant for offences punishable under Sections 7, 11, 13 and 15 of the Act.
– This provision is a safeguard for public servants against vexatious prosecution, ensuring that the decision to prosecute is taken by a competent authority after due consideration.
– Section 7 pertains to the offence of taking gratification other than legal remuneration by a public servant in respect of an official act.
– Section 11 pertains to the offence committed by a public servant who obtains any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by him.
– Section 13 pertains to the offence of criminal misconduct by a public servant.
– Section 15 pertains to the offence of attempt to commit offences referred to in Section 13(1)(c) and (d).
– Section 18A deals with the power to appoint special counsel.
– Section 20 deals with the presumption where a public servant accepts illegal gratification.
– Section 22 deals with the procedure and powers of special judges.